IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16^TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 15402 OF 2024 (GM-DRT)

BETWEEN:

1. MR MURALI SHEKARAPPA SANKOL S/O SHEKARAPPA SANKOL AGED ABOUT 49 YEARS, R/AT NO.74, 1ST CROSS

4TH MAIN 3RD STAGE, 4T6H BLOCK BASAVESHWARA NAGAR NEAR YEMKY STORE, BENGALURU-560079.

ALSO AT LIG 45/12, SRI LAKSHMI NIALAYA KHB COLONY HEAR MEGA MART BASAVESHWARANAGAR BENGALURU-560079 ALSO AT COLLABERA TECHNOLOGIES PVT LTD., 12/1, 12/1A, 13/1A, DIVYA SHREEE, GREEN INNER RING ROAD, DOMLUR BENGALURU-560.

Digitally signed by MEGHA 2. MRS. ASHA. D MOHAN Location: W/O. MURALI SHEKARAPPA SANKOL AGED ABOUT 42 HIGH YEARS, R/AT NO.74, 1ST CROSS, 4TH MAIN, 3RD COURT OF KARNATAKA STAGE, 4TH BLOCK, BASAVESHWARA NAGAR, NEAR YEMKEY STORE, BENGALURU-560 079.

ALSO AT LIG 45/12, SRI LAKSHMI NILAYA, KHB COLONY, NEAR MEGA MART, BASAVESHWARANAGAR, BENGALURU-560 079.

S.J. GOVERNMENT POLYTECHNIC COLLEGE, SESHADRI ROAD, BENGALURU-560 001.

…PETITIONERS (BY SRI. SALMANI PRAKASH.,ADVOCATE)

AND:

1. AXIS BANK LIMITED (FORMERLY KNOWN AS UTI BANK LIMITED)

INCORPORATED UNDER THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT TRISHUL, 3RD FLOOR, OPPOSITE SAMARTHESHWAR TEMPLE, LAW GARDEN, ELLIS BRIDGE, AHMEDABAD-380 006. GUJARAT AND HAVING ITS BRANCH OFFICE AT NO.08, SONA TOWERS, 32ND E CROSS, 4TH T BLOCK, JAYANAGAR, BENGALURU-560 041 REP. BY ITS AUTHORIZED SIGNATORY ASSISTANT MANAGER MR.B.J. MAHANTESH.

2. M/S. SAMRUDDHI REALTY LIMITED, A PARTNERSHIP FIRM REGISTERED UNDER THE COMPANIES ACT, 1956, REPRESENTED BY ITS MANAGING PARTNER/ MANAGING DIRECTOR, NO.21/14, 4TH FLOOR, M.G. ROAD, BENGALURU-560

001.

…RESPONDENTS (BY SRI. FRANCIS XAVIER, ADVOCATE)

THIS WP IS FILED PRAYING TO QUASH / SET ASIDE THE IMPUGNED ORDER DATED 25/03/2024 PASSED BY THE DEBTS RECOVERY TRIBUNAL-II, KARNATAKA AT BENGALURU ON I.A.NO. 2303/2019 IN O.A.NO.1119/2018 VIDE ANNEXURE-D.

THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

ORAL ORDER

The present writ petition is filed aggrieved by the order passed in I.A.No.2303/2019 in O.A.No.1119/2018 dated 25.03.2024 by the Debts Recovery Tribunal-II, Karnataka at Bengaluru, wherein the petitioner herein had filed an application under Section 151 of CPC to file the objection statement.

2. It is stated in the accompanying affidavit that there is a delay in filing the objection statement to the appeal due to the reason that the builder had assured him to allot a Villa after completing his projects, but subsequently he was not interested with the said Villa and sought for refund of the amount which he had paid for the allotment of the said Villa. The builder had not paid any amount and instead he kept on prolonging the issue and as such he was under the impression that he will pay back the money and settle the issue. Due to this reason he did not take interest in contesting the appeal. Now, as the builder had failed to pay the amount, it has become inevitable to file the objection statement. Hence, he had sought permission to file his writ statement/objections statement.

3. The Tribunal by order impugned, had dismissed the application. While dismissing the application, the Tribunal had considered all these aspects and also Section 19(5) of the Recovery of Debts and Bankruptcy Act, 1993 (for short “RDB Act, 1993”) and observed that the strict timelines for filing the written statement and counter claim is that DRT is adjudicating on disputes involving huge amounts of public money and if any delay is permitted in the adjudication of those disputes, the same will result in locking up of huge amounts of public money which further would prevent utilization and recycling of those funds for the development of the country. In those circumstances, the Tribunal had held that the written statement filed by the defendants on 09.10.2019 cannot be taken on record with the delay of 280 days in filing the written statem